Differences between Seniority-Cum-Merit and Merit-Cum-Seniority

INTRODUCTION

 

Today, I will talk about the case of Rama Negi v. Union of India & Others, 2022 SCC OnLine SC 251, wherein the Hon’ble Supreme Court discussed the difference between the principles of Merit-cum-Seniority and Seniority-cum-Merit.

 

MEANING

 

But before understanding the difference between these two principles, let us understand the meaning of ‘seniority’ and ‘merit’.

 

Merit System is “the practice of hiring and promoting employees based on their competence rather than political favouritism.” On the other hand, Seniority System could be explained as “any arrangement that recognizes length of service in making decisions about job layoffs and promotions or other advancements.”

 

It is pertinent to note that “with regard to promotion, the normal principles are either merit-cum-seniority or seniority-cum-merit.”

 

“Seniority-cum-merit means that given the minimum necessary merit requisite for efficiency of administration, the senior though the less meritorious shall have priority.”

 

In order to assess the minimum necessary merit, the employer generally lays down the minimum standard of merit and the mode of assessing the same for the employees who fall within the zone of consideration for promotion. Marks in this regard may be assigned on the basis of performance, service record, interview etc.

 

Whereas “the principle of merit-cum-seniority puts greater emphasis on merit and ability and where promotion is governed by this principle, seniority plays a less significant role.”

 

KEY DIFFERENCE

 

According to the Court, “the principles of seniority-cum-merit and merit-cum-seniority are conceptually different.” Where “the principle of seniority-cum-merit is concerned, it gives greater importance to seniority and promotion to a senior person cannot be denied unless the person concerned is found totally unfit on merit to discharge the duties of the higher post. The totality of the service of the employee has to be considered for promotion on the basis of seniority-cum-merit.”

 

However, in cases, where the principle of merit-cum-seniority is applicable, merit is considered first, and seniority is to be given weightage only when merit and ability are more or less equal among the candidates who are to be promoted.

 

This does not mean that merit does not play any role where the promotion is based on seniority-cum-merit. “Where the promotion is based on seniority-cum-merit, the officer cannot claim promotion as a matter of right by virtue of his seniority alone and if he is found unfit to discharge the duties of the higher post, he may be passed over and an officer junior to him may be promoted.”

 

SUMMARY AND CONCLUSION

 

Thus, in conclusion following important points emerge: -

 

a. Merit recognizes competence of an employee whereas seniority recognizes the length of service.

 

b. The two principles used in relation to promotions are either merit-cum-seniority or seniority-cum-merit.

 

c. “Seniority-cum-merit means that given the minimum necessary merit requisite for efficiency of administration, the senior though the less meritorious shall have priority.”

 

d. Merit-cum-seniority puts greater emphasis on merit and ability and seniority is secondary.  And

 

e. Where the principle of merit-cum-seniority is applicable, merit is considered first, and seniority is to be given weightage only when merit and ability are more or less equal among the candidates who are to be promoted.

 

Thus, I hope that the difference between Merit-cum-Seniority and Seniority-cum-Merit is clear by now.